{"title":"国家安全作为刑法保护的对象","authors":"R. Zakomoldin, V. Duyunov","doi":"10.2991/assehr.k.201205.072","DOIUrl":null,"url":null,"abstract":"The Criminal Code of the Russian Federation, Part 1, Article 2 defines the range of benefits that are valuable and in need of criminal law protection. One of the criminally protected benefits is security, which is defined as the state of protection of vital interests of an individual, society and the State from internal and external threats. Thus the security includes such notions as state, public and personal security. Accordingly, the general object of criminal law protection cannot be public safety, since it includes only the safety of society. It is necessary to highlight the concept that would synthesize the security of the State, society and individual, which would make it possible to exclude broad interpretation of public security as an object of criminal law protection and a common object of all crimes. It is proposed to consider national security as an object of criminal law protection and a common object of all crimes. National security, being a social good, can be ensured by the comprehensive use of all the resources, means and instruments available to the state, including the system of means and measures of criminal law. Consequently, it is proposed to consolidate national security as such in the RF Criminal Code.","PeriodicalId":352612,"journal":{"name":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2020-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"National Security as Object of Criminal Law Protection\",\"authors\":\"R. Zakomoldin, V. Duyunov\",\"doi\":\"10.2991/assehr.k.201205.072\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The Criminal Code of the Russian Federation, Part 1, Article 2 defines the range of benefits that are valuable and in need of criminal law protection. One of the criminally protected benefits is security, which is defined as the state of protection of vital interests of an individual, society and the State from internal and external threats. Thus the security includes such notions as state, public and personal security. Accordingly, the general object of criminal law protection cannot be public safety, since it includes only the safety of society. It is necessary to highlight the concept that would synthesize the security of the State, society and individual, which would make it possible to exclude broad interpretation of public security as an object of criminal law protection and a common object of all crimes. It is proposed to consider national security as an object of criminal law protection and a common object of all crimes. National security, being a social good, can be ensured by the comprehensive use of all the resources, means and instruments available to the state, including the system of means and measures of criminal law. Consequently, it is proposed to consolidate national security as such in the RF Criminal Code.\",\"PeriodicalId\":352612,\"journal\":{\"name\":\"Proceedings of the XIV European-Asian \\\"The value of law\\\" (EAC-LAW 2020)\",\"volume\":\"66 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2020-12-07\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Proceedings of the XIV European-Asian \\\"The value of law\\\" (EAC-LAW 2020)\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.2991/assehr.k.201205.072\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the XIV European-Asian \"The value of law\" (EAC-LAW 2020)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2991/assehr.k.201205.072","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
National Security as Object of Criminal Law Protection
The Criminal Code of the Russian Federation, Part 1, Article 2 defines the range of benefits that are valuable and in need of criminal law protection. One of the criminally protected benefits is security, which is defined as the state of protection of vital interests of an individual, society and the State from internal and external threats. Thus the security includes such notions as state, public and personal security. Accordingly, the general object of criminal law protection cannot be public safety, since it includes only the safety of society. It is necessary to highlight the concept that would synthesize the security of the State, society and individual, which would make it possible to exclude broad interpretation of public security as an object of criminal law protection and a common object of all crimes. It is proposed to consider national security as an object of criminal law protection and a common object of all crimes. National security, being a social good, can be ensured by the comprehensive use of all the resources, means and instruments available to the state, including the system of means and measures of criminal law. Consequently, it is proposed to consolidate national security as such in the RF Criminal Code.